Hall v. Alabama Terminal & Improvement Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jere N. Williams. The bill in this case was filed by the appellants in the chancery court of Montgomery county on March 17, 1894, against the Alabama Terminal & Improvement Company and others; and sought to subject .certain subscriptions made by the defendants to the capital stock of the Alabama Terminal & Improvement Company, to the payment of a judgment in favor of the complainants, on which judgment…
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jere N. Williams. The bill in this case was filed by the appellants in the chancery court of Montgomery county on March 17, 1894, against the Alabama Terminal & Improvement Company and others; and sought to subject .certain subscriptions made by the defendants to the capital stock of the Alabama Terminal & Improvement Company, to the payment of a judgment in favor of the complainants, on which judgment execution had been duly issued and returned by the sheriff “no property found.” Certain of the defendants pleaded, as a bar…
1Opinion of the CourtColeman, J.
This appeal is prosecuted from the decree of the chancery court sustaining the sufficiency of a plea filed by appellees to the bill of appellant. There is but one question argued by the counsel for the appellee, and but one principle involved in this appeal, and that is whether a pending creditors’ bill, filed by the complainant for himself, and all other creditors who may see proper to come in and make themselves parties, before a decree has been rendered in the ca,use,canbe pleaded.in bar to another bill, filed by a creditor of the same debtor, and who has not made himself a party to the…
2Cited by3 opinions
- Merchants' National Bank v. McDonaldNebraska Supreme Court · 1901
- Alabama Iron & Steel Co. v. McKeeverSupreme Court of Alabama · 1895
- Maxwell v. Peters Shoe Co.Supreme Court of Alabama · 1895